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The document is not valid from January 1, 2016 in connection with expiration according to Item 6 of this document.

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 5, 2015 No. 196

About cases and procedure for provision by the customer in 2015 of payment deferral of penalties (penalties, penalty fee) and (or) implementation of write-off of the added amounts of penalties (penalties, penalty fee)

According to part 6.1 of article 34 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs" Government of the Russian Federation decides:

1. Determine that customers grant payment deferral of penalties (penalties, penalty fee) and (or) perform write-off of the added amounts of penalties (penalties, penalty fee) in case of completion in full in 2015 of execution by the supplier (the contractor, the contractor) of all obligations provided by the contract, except for warranty obligations.

2. Write-off of the added amounts of the penalties (penalties, penalty fee) specified in Item 1 of this resolution is allowed under contracts under which obligations are fulfilled in full, except for contracts which conditions are changed in 2015 according to part 1.1 of article 95 of the Federal law "About Contractual System in the Sphere of Purchases of Goods, Works, Services for Ensuring the State and Municipal Needs".

3. Provision of payment deferral of penalties (penalties, penalty fee) and (or) write-off of the added amounts of penalties (penalties, penalty fee) are performed by the customer in the following procedure:

a) if the total amount of unpaid penalties (penalties, penalty fee) does not exceed 5 percent of the price of the contract, the customer performs write-off of outstanding amounts of penalties (penalties, penalty fee);

b) if the total amount of unpaid penalties (penalties, penalty fee) exceeds 5 percent of the price of the contract, but constitutes no more than 20 percent of the price of the contract, the customer:

grants payment deferral of outstanding amounts of penalties (penalties, penalty fee) before the termination of the current financial year;

performs write-off of 50 percent of outstanding amounts of penalties (penalties, penalty fee) on condition of payment of 50 percent of outstanding amounts of penalties (penalties, penalty fee) before the termination of the current financial year;

c) if the total amount of unpaid penalties (penalties, penalty fee) exceeds 20 percent of the price of the contract, the customer grants payment deferral of outstanding amounts of penalties (penalties, penalty fee) before the termination of the current financial year.

4. The customer notifies in writing the supplier (the contractor, the contractor) on provision of payment deferral of penalties (penalties, penalty fee) and (or) implementation of write-off of the added amounts of penalties (penalties, penalty fee).

5. Write-off of the added amounts of penalties (penalties, penalty fee) according to subitems "an" and "b" of Item 3 of this resolution extends to the debt of the supplier (the contractor, the contractor) accepted to accounting irrespective of the term of its origin and is performed by write-off from accounting of debt of suppliers (contractors, contractors) according to monetary commitments before the customer conducting procurement for ensuring federal needs, needs of the subject of the Russian Federation and municipal needs, according to the procedure, established by the relevant financial body.

6. This resolution is effective till January 1, 2016.

Russian Prime Minister

D. Medvedev

 

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